Article 88

Enforcement of the obligations of providers of general-purpose AI models

1.   The Commission shall have exclusive powers to supervise and enforce Chapter V, taking into account the procedural guarantees under Article 94. The Commission shall entrust the implementation of these tasks to the AI Office, without prejudice to the powers of organisation of the Commission and the division of competences between Member States and the Union based on the Treaties.

2.   Without prejudice to Article 75(3), market surveillance authorities may request the Commission to exercise the powers laid down in this Section, where that is necessary and proportionate to assist with the fulfilment of their tasks under this Regulation.

Frequently Asked Questions

The European Commission has sole responsibility for supervising and enforcing rules concerning general-purpose AI models, relying primarily on the AI Office to handle these duties. This means the Commission, with support from the AI Office, ensures that providers follow all necessary rules and standards set out by the AI Act to protect individuals and organizations.
No, Member States themselves cannot independently enforce obligations for general-purpose AI models. Instead, they can request support from the European Commission if necessary; the Commission then has exclusive authority and responsibility to enforce compliance, which promotes consistency and fairness across all Member States in the European Union.
Market surveillance authorities help maintain compliance by monitoring AI products and services within their jurisdictions. Under Article 88, they can ask the European Commission to exercise its enforcement powers if they believe it is necessary and proportional for completing their responsibilities under this regulation, enabling cooperation and better regulatory oversight.
The AI Office is specifically tasked by the European Commission with carrying out enforcement duties related to general-purpose AI models. This means that while the Commission holds ultimate authority, practical monitoring, supervision, and compliance tasks can be performed by the AI Office, facilitating effective and consistent enforcement of AI rules.

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